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All Journal Al-Ahwal: Jurnal Hukum Keluarga Islam JPM: JURNAL PENGABDIAN MASYARAKAT POSITA Legitima : Jurnal Hukum Keluarga Islam
Zubaidah, Dwi Arini
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Understanding the Decline in Marriage Rates in Indonesia: a Maqashid Asy-Syari'ah Analysis Using Jasser Auda’s Systems Theory Zubaidah, Dwi Arini
Posita: Jurnal Hukum Keluarga Islam Vol. 3 No. 1 (2025)
Publisher : STIS Ummul Ayman, Pidie Jaya, Aceh, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52029/pjhki.v3i1.278

Abstract

Marriage is an important event. In Indonesia, there has been a new trend among Indonesian young people towards postponing marriage. This is in accordance with BPS data, there is a decrease in the marriage rate during 2018-2023. This type of research is doctrinal legal research that a type of research that focuses on understanding and analyzing applicable legal regulations, legal doctrine, and legal rules. Research based on literature from law books, books, journals and the internet. The analysis of this research is based on maqashid asy syari'ah. This research produces several factors that have caused the decline in marriage rates in Indonesia, including: an increase in divorce, fear of the risk of divorce, changes in the mindset of the younger generation and their readiness for marriage. study of factors through the 5 features of Jasser Auda's maqashid asy syari'ah Islamic legal system theory, namely: cognitive character, comprehensiveness, openness, multidimensionality, and purposefulness. Marriage is the right of every human being with legal provisions that vary according to each person's circumstances.
Disharmoni Keluarga: Tren Cerai Gugat di Indonesia Zubaidah, Dwi Arini
Legitima : Jurnal Hukum Keluarga Islam Vol. 2 No. 2 (2020): Legitima: Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v2i1.1198

Abstract

A marriage is aimed at forming a sakinah, mawaddah and rahmah family. In wading the household ark, an issue is often a source of divorce. Today, there is a trend of divorce on the part of the wife (divorce). This article is intended to answer the increasing divorce factor and re-understanding harmonious family coaching by using the study of maqasyid ash-sharia. This article uses library research and is a descriptive analysis using the Islamic legal philosophy of maqasyid asy-syariah Jasir ‘Audah. There are three main factors that cause the adoption of divorce continues to increase, namely: an irresponsible husband; domestic violence and harassment from third parties. Whereas the overcoming of family disharmony is re-understood with the points in the sharia maqasyid namely: the character of cognition, holiness, openness, interconnected hierarchy, multidimensionality, and intentions.
Pendampingan Masyarakat Adat Kurau dalam Optimalisasi Mahar sebagai Aturan Nafkah Harian: Model Pemberdayaan Berbasis Nilai-Nilai Syariah dan Hukum Adat Hasan, Ahmadi; Zubaidah, Dwi Arini
JPM: Jurnal Pengabdian Masyarakat Vol. 6 No. 2 (2025): October 2025
Publisher : Forum Kerjasama Pendidikan Tinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47065/jpm.v6i2.2678

Abstract

This community service program aims to enhance the understanding and skills of the Kurau Indigenous community in managing mahr (dowry) as a household economic instrument grounded in Sharia and customary law values. The main issue identified is the community’s perception of mahr merely as a ceremonial symbol in marriage, lacking a continuous function in family sustenance. The activity was conducted on Wednesday, August 13, 2028, at the Kurau Community Hall, involving 35 lecturers from the Faculty of Sharia at UIN Antasari, 40 community members, local officials, and representatives of the Office of Religious Affairs (KUA). The implementation consisted of four stages: (1) initial identification through surveys and interviews; (2) training and Focus Group Discussion (FGD) led by Prof. Ahmadi Hasan, M.Hum., and Dwi Arini Zubaidah, M.H.; (3) field counseling and simulation of mahr management; and (4) participatory evaluation using questionnaires and interviews. The results indicate a significant increase in participants’ understanding—from 22.5% before the program to 90% afterward—along with a shift from symbolic to functional interpretation of mahr. Participants expressed high satisfaction with the interactive and locally contextual methods. The program produced a training module, documentation video, and a local guidebook titled “Mahr and Daily Sustenance Based on Kurau Customary Law.” It is recommended to establish a Kurau Mahr and Sustenance Working Group to sustain and expand the program’s impact.
PENCATATAN PERKAWINAN SEBAGAI PERLINDUNGAN HUKUM DALAM PERSPEKTIF MAQĀṢID ASY-SYARĪ’AH Zubaidah, Dwi Arini
Al-Ahwal: Jurnal Hukum Keluarga Islam Vol. 12 No. 1 (2019)
Publisher : Universitas Islam Negeri (UIN) Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ahwal.2019.12102

Abstract

Procedural rules for marriage recording have led to speculation that marriage records are only considered more administrative requirements. So that up to now under-age marriages are still often found among the public. The purpose of this study is to show the urgency of a marriage record for those bound by marriage. The type of research used is library research and descriptive analysis that describes objectively the rules of marriage recording by analyzing using the theory of maqāṣid ash-syarī'ah as a methodology approach to the philosophy of Islamic law. Based on the results of the study, the rules for recording marriage are a product of Islamic law reform that is at the forefront of the present. Marriage registration is a renewal of Islamic law as a new form of ijtihad towards witnessing in a marriage. By registering the marriage civil rights of the parties concerned will be guaranteed and secure. A marriage that is carried out may not be enough with a testimony according to existing marriage conditions. The logical consequence of the development of the developing period is also evidence that determines the validity of marriage. Features of Jāsir system theory udah Audah is six, namely the character of cognition, overallness, openness, interrelated hierarchy, multidimensionality, and intentions. The whole feature of Jāsir udah Audah is applicative which can realize the idea of the rules of marriage registration as a legitimate condition for determining a marriage.
Surrogate Mothers in a Multidimensional Perspective of Legal Regulations in Indonesia Zubaidah, Dwi Arini
Posita: Jurnal Hukum Keluarga Islam Vol. 2 No. 2 (2024)
Publisher : STIS Ummul Ayman, Pidie Jaya, Aceh, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52029/pjhki.v2i2.230

Abstract

In practical terms, a surrogate mother is a woman who undergoes pregnancy in a womb rental practice. This type of research is doctrinal law which includes vertical and horizontal synchronization of positive legal rules in Indonesia. The research results are as follows: there are ten factors underlying the use of surrogacy services, namely: infertility, same-sex couples, single individuals, age, medication, adoption is not an alternative, physical problems, past trauma, unable to carry for a long time and personal decisions. Legal regulations in Indonesia regarding surrogate motherhood are regulated implicitly and explicitly and cover reproductive health, the status of children born as a result of surrogacy practices, marriage and Islamic law.
Co-Authors Ahmadi Hasan